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R, v DEAN BONES AND OTHERS
The ASBOs were in the terms of a football banning order, the court having no jurisdiction to
pass an actual football banning order.
“The defendant must not for the duration of the order,
Enter any premises for the purpose of attending any football matches in England and Wales
that are regulated for the purposes of the Football Spectators Act 1989.
On any day that Chester City AFC play at a regulated football match at the Deva Stadium
during the period commencing three hours prior to kick off and ending six hours after kick-
off, enter any area inside the shaded boundary as defined in the two attached maps.
Attend within a 10-mile radius of any premises outside Chester at which football matches are
played by Chester AFC on the day of any away match.
On any day that England or Wales play a regulated football match in England or Wales,
during the period commencing three hours prior to kick-off and ending six hours after lick-
off, go within a 3-mile radius of the relevant stadium where the match is being played.
We take the facts from the CACD summary:
“At about 7pm on 10 January 2004, there was a confrontation between supporters of
Wrexham football club and Chester City football club in the centre of Chester. The applicants
were all supporters of Chester City and some members of the two rival groups associated
themselves with the hard core of the hooligan element attached to both football clubs. The
two rival gangs came together through a mutual interest in football and they had stayed
together because of a mutual interest in hooliganism and there had been a long-standing and
deep antipathy between the two groups. The supporters of Wrexham had travelled back from
a game at Chesterfield and had alighted at the station in Chester. The applicants were
drinking in a public house and had been warned by the police not to leave the public house
when the police became aware that the Wrexham group were at the station. However, the
group did leave the public house and went across the road to the station with the intention of
fighting with the group from Wrexham. There was an element of pre-meditation about the
incident because the group left the public house as the group of Wrexham supporters arrived
at the station and attempted to leave the station. The group from Chester did not enter the
station because the groups were kept apart by police officers. The actions of the Chester
group were caught on CCTV, they were heard responding to the taunts of the Wrexham
group and began singing loud and abusive songs. Members of the public, employees at the
station and the police officers felt threatened by their actions.
PART 5 © SWEET & MAXWELL
63,
Simon Cordell’s Skeleton Argument (2) Pdf
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R. v DEAN BONES AND OTHERS
The applicants all played different roles in the incident, some having substantially more
involvement than others and, on the prosecution’s case, some of the defendants, particularly
Wood and Schofield, were the ringleaders and orchestrated the threats of violence. The
CCTV evidence was the basis of the prosecution case against the applicants.”
We have watched the CCTV evidence.
All of the appellants were of good character other than Schofield and Bruce. Schofield had a
previous conviction for affray as well as other offences. Bruce had one relevant previous
conviction in 2004 for being drunk and disorderly. The authors of the various pre-sentence
reports recommended non-custodial sentences given the low risk of reoffending. As the judge
said in passing sentence all of the defendants other than Schofield had expressed remorse.
Some of the appellants had good character references, including Bruce.

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